Sagendorph v. Shult
New York Supreme Court
THIS was an appeal from a judgment. The action was tried at the Columbia circuit, before Justice G-ould. The plaintiff’s claim was upon a promissory note. A judgment was rendered for the plaintiff, and the defendant appealed. There was no dispute upon the facts. They are sufficiently detailed in the opinion.
1Opinion of the Court
By the Court, Potter, J.
On the trial at the circuit the execution of the note, and its amount, were admitted. The defense set up was that the note had been previously prosecuted in a justice’s court, and a judgment rendered thereon by the justice, which it was claimed, was a bar to this action. It was shown that a summons had been issued by a justice of the peace, November 28th, 1856, returnable 5th December then next, at one o’clock P. M. This summons was duly and properly served and returned by the constable. On the return day, the justice, by mistake, and in the belief that the summons was…
2Cases cited1 opinion
- Stewart v. SmithNew York Supreme Court · 1837
3Cited by6 opinions
- Briggs v. TyeSupreme Court of Kansas · 1876
- Harvey v. LargeNew York Supreme Court · 1868
- Daley v. Dennis, New York County Courts1930
- Denovsky v. Bach, New York County Courts1916
- Rice v. American National BankColorado Court of Appeals · 1893
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